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CRESCI v. NEW YORK CITY INDUSTRIAL DEVELOPMENT AGENCY

279 A.D.2d 497 (2001)

718 N.Y.S.2d 873

DENISE CRESCI, Appellant, v. NEW YORK CITY INDUSTRIAL DEVELOPMENT AGENCY, Respondent, et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided January 16, 2001.

Ordered that the order is affirmed, with costs.

The factors to be considered in deciding if leave to serve a late notice of claim should be granted are whether the movant demonstrated a reasonable excuse for the delay, whether the municipality acquired actual knowledge of the essential facts constituting the claim within 90 days after the claim arose or a reasonable time thereafter, and whether the municipality's opportunity to investigate and defend against the claim...

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